Authority: High Court of Gujarat at Ahmedabad
Order Date: 06/07/2026
Case Overview
- Parties: Appellant – Dena Gujarat Gramina Bank (through Branch Manager Deesa Bank Girishkumar Lakshmichand Gajjar); Respondents – State of Gujarat & others.
- Proceedings: Criminal Appeal (against acquittal) No. 202 of 2019 filed under Section 378 CrPC challenging the acquittal dated 12.03.2018 by the 3rd Additional Chief Judicial Magistrate, Deesa.
- Legal Context: The Court referred to its own decision in Shivsinh Ganpatsinh Solanki Vs. State of Gujarat (Criminal Misc. Applications Nos. 12753/2019 & 12908/2019) and the Supreme Court judgment in Celestium Financial Vs. A. Gyanasekaran (2025 (3) GLH 747), which held that a complainant under Section 138 of the Negotiable Instruments Act is the victim and may file an appeal under the proviso to Section 372 of the CrPC. The Supreme Court’s decision is presently pending before a larger Bench (SLA No. 12350/2024).
Final Outcome
- The appeal is ordered to be transferred to the appropriate Sessions Court.
- Upon transfer, it shall be treated as an appeal under the proviso to Section 372 of the CrPC and Section 413 of the BNSS, with a new case number to be assigned.
- The Registry is directed to forward the entire case record, including certified copies of the impugned order and any proceedings, to the Sessions Court forthwith.
- The lower appellate court is instructed to dispose of the matter expeditiously.
- The High Court did not examine the merits of the case at this stage.
Topics: Legal Precedent, Banking Regulation